The EPA is charging $75,000/day over a private citizen’s pond, but don’t you worry about their revisions to the Clean Water Act

posted at 5:31 pm on March 15, 2014 by Erika Johnsen

Earlier this week, I mentioned an NYT article detailing the concerns of a large group of farmers, ranchers, manufacturers, builders, and etcetera over the Environmental Protection Agency’s recent undertaking to personally revise the parameters of the Clean Water Act. The Act was originally meant to give the EPA the authority to regulate waters connecting to the “navigable waterways” of the United States, but as the EPA has steadily and aggressively tried to expand their jurisdiction over the years, they have had to deal with far too many bothersome lawsuits challenging their authority. Ergo, they decided to rewrite the rules to more clearly define exactly what bodies of water are within their regulatory power — and a bunch of lawmakers, lobbies, businesses, and private citizens are worried that the end result is going to be yet another massive EPA power grab that will make big government an even more pervasive and retarding for in commercial activity and on private property.

The EPA, of course, is scornfully dismissing these concerns and would really like for everyone to just calm down. After all, these bureaucrats are just trying to do their munificent “green” jobs, and as one lawyer in the aforementioned NYT article impatiently noted of the draft regulations leaked late last year, “The draft guidance is clear that irrigation ditches, drainage ponds and even groundwater are not considered waters of the U.S. Nor are gullies, rills, swales and other erosional features. This has been explained over and over again.”

Yes, I simply can’t imagine why any of these concerned groups think they have a reason to worry. Via Fox News:

All Andy Johnson wanted to do was build a stock pond on his sprawling eight-acre Wyoming farm. He and his wife Katie spent hours constructing it, filling it with crystal-clear water, and bringing in brook and brown trout, ducks and geese. It was a place where his horses could drink and graze, and a private playground for his three children.

But instead of enjoying the fruits of his labor, the Wyoming welder says he was harangued by the federal government, stuck in what he calls a petty power play by the Environmental Protection Agency. He claims the agency is now threatening him with civil and criminal penalties – including the threat of a $75,000-a-day fine. …

The government says he violated the Clean Water Act by building a dam on a creek without a permit from the Army Corps of Engineers. Further, the EPA claims that material from his pond is being discharged into other waterways. Johnson says he built a stock pond — a man-made pond meant to attract wildlife — which is exempt from Clean Water Act regulations.

The property owner says he followed the state rules for a stock pond when he built it in 2012 and has an April 4-dated letter from the Wyoming State Engineer’s Office to prove it. …

But the EPA isn’t backing down and argues they have final say over the issue. They also say Johnson needs to restore the land or face the fines.

But those Clean Water Act revisions they say they have no intention of abusing? You should definitely just take their word for it.


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Build a pond, go to jail.

/life in Obama’s America

Zombie on March 15, 2014 at 5:35 PM

This stuff makes me feel that the shooting war can’t get here fast enough.

I can’t think of a single alphabet agency that should not be abolished and outlawed forever.

Exninja on March 15, 2014 at 5:35 PM

And if they drain that “wetland” the fine will be doubled to $150k

forest on March 15, 2014 at 5:49 PM

Exninja on March 15, 2014 at 5:35 PM

I agree. I’m beyond sick of these federal bureaucracies that have been taken over by Marxists trying to tell us how to live.

And when the He!! Are the states going to stand up to the federal government and stand up for the rights of their citizens? The state of Wyoming needs to pay for any legal counsel this man needs since WY gave him permission to build his pond. They must defend their rights and sovereignty as well.

This isn’t just an attack on this man and his pond, it’s an attack on state sovereignty.

Charlemagne on March 15, 2014 at 5:50 PM

This stuff makes me feel that the shooting war can’t get here fast enough.

It’s almost as if the government’ s wilful tyranny in action is daring someone to start one.

Build a pond “Fill in the blank”, go to jail.

/life in Obama’s America

The more laws and regs on the books the easier it is to trip up “law abiding” citizens, unaware. That’s the whole deal with Obama’s America. Make us all potential criminals at the Government’s whim. It makes public examples of a few to keep the rest of us all fearful and refrain from doing anything, lest we accidently may break a law we didn’t realized existed and have to pay for our misstep.

hawkeye54 on March 15, 2014 at 5:51 PM

Federal bureaucracy is out of control.

rbj on March 15, 2014 at 5:51 PM

Zombie on March 15, 2014 at 5:35 PM

Started way before Obama. My experience with any government agency on anything is that you deal with people that were unemployable in the private sector. They are usually the submissive party in the house and use their gov’t position to be able to compensate for their failures in their personal life.

teejk on March 15, 2014 at 5:57 PM

‘If you like your pond…you can keep your pond…PERIOD…’

bimmcorp on March 15, 2014 at 6:01 PM

Reminiscent of the corruption of the “Three Laws” by the central AI organism in the movie “I, Robot”, based on the writings of Isaac Asimov.
“Our logic is irrefutable.”
We have elected officials who have enabled these nitwits to formulate and insinuate their pathological neuroses into public regulations?
Really????
God help us!

bobthm3 on March 15, 2014 at 6:04 PM

Abolish the EPA.

locomotivebreath1901 on March 15, 2014 at 6:06 PM

How on God’s green earth does anyone justify a $75,000 PER DAY penalty for ANYTHING????

ctmom on March 15, 2014 at 6:07 PM

Kiss property rights goodbye.

Unless you are ready for war.

Are you? I am.

The entire Country has become one large HOA.

Codes, regulations, ordinances, permits, liscenses, fees, fines, taxes,

wolly4321 on March 15, 2014 at 6:14 PM

he violated the Clean Water Act by building a dam on a creek without a permit from the Army Corps of Engineers.

From the description above he’s not building a pond, he’s damming a creek.

That’s a big difference than the headline:

The EPA is charging $75,000/day over a private citizen’s pond, but don’t you worry about their revisions to the Clean Water Act

So which is it?

Is he building a “private citizen’s pond” or is he “building a dam on a creek”?

Ruckus_Tom on March 15, 2014 at 6:17 PM

And why is the Energy Secretary flying first class? Husband spotted Monitz sitting in first class on flight. Is this the best use of our tax dollars?

ctmom on March 15, 2014 at 6:17 PM

Kiss property rights goodbye.

Unless you are ready for war.

Are you? I am.

The entire Country has become one large HOA.

Codes, regulations, ordinances, permits, liscenses, fees, fines, taxes,

wolly4321 on March 15, 2014 at 6:14 PM

I’ll hold my end of the trench. :)

Midas on March 15, 2014 at 6:17 PM

Got fined while building a house once. Temporary pile of dirt about 6 feet high and ten feet in diameter was not covered.

Thank you jerk of an anonymous neighbor and county regulators.

WitchDoctor on March 15, 2014 at 6:17 PM

This stuff makes me feel that the shooting war can’t get here fast enough.

I can’t think of a single alphabet agency that should not be abolished and outlawed forever.

Exninja on March 15, 2014 at 5:35 PM

Lock and load boys and girls, the tree of Liberty must be fed with blood occasionally

.

1sttofight on March 15, 2014 at 6:24 PM

Makes me want to stack tires and car batteries in the wash and light it off with diesel on erf day.

The black smoke will help cool the planets fever.

This is in Wyoming? Lever action Country.

wolly4321 on March 15, 2014 at 6:25 PM

…we have to get OUR government back!

KOOLAID2 on March 15, 2014 at 6:27 PM

This is in Wyoming? Lever action Country.

wolly4321 on March 15, 2014 at 6:25 PM

And semi-auto. And bolt-action. And bayonets, if it comes to that.

merlich on March 15, 2014 at 6:32 PM

Seriously,, what right do they even have to set foot on your property?

You better show up with a warrant and some friends.

Maybe that Ruby ridge guy was right.

wolly4321 on March 15, 2014 at 6:32 PM

At what point do the People have enough, march on DC and start setting the buildings of the unelected all powerful bureaucracies on fire (after evacuating them of course)?

Seriously! Why do we keep taking this?

ConstantineXI on March 15, 2014 at 6:33 PM

So this guy is getting harassed by the agency whose lying wh*reb*tch of a chief administrator repeatedly broke the law by using a fake personal email to conduct business illegally without one ounce of fine or punishment.

File a lawsuit.

northdallasthirty on March 15, 2014 at 6:34 PM

Seriously,, what right do they even have to set foot on your property?

You better show up with a warrant and some friends.

Maybe that Ruby ridge guy was right.

wolly4321 on March 15, 2014 at 6:32 PM

They don’t have any right.

If it can’t be linked directly to an Enumerated Power, they don’t have the authority. Government, btw HAS NO RIGHTS. They have limited powers.

Rights are reserved to the States and the People, not DC.

ConstantineXI on March 15, 2014 at 6:35 PM

But the EPA isn’t backing down and argues they have final say over the issue. They also say Johnson needs to restore the land or face the fines.

See you in court a..holes…………..

GarandFan on March 15, 2014 at 6:37 PM

Ruckus_Tom on March 15, 2014 at 6:17 PM

You left out the first part of the sentence: “The government says he violated the Clean Water Act by building a dam on a creek…”

The EPA can define almost any pond as being a “dammed creek” if they want to. All ponds have a source of water. Even if it’s a spring inside the pond itself instead of an above ground creek flowing in, there will still be water flowing out of the pond most of the time, so they can try to call it a “dammed creek” and destroy people’s lives and steal their land.

forest on March 15, 2014 at 6:37 PM

Silly Guy.

If he had just given one day’s fine, a mere $75,000 to 0bama, none of this would have happened.

teejk on March 15, 2014 at 5:57 PM

Teejk is right though. 0bama didn’t start it.

(However, building on Bill Clinton’s expertise, 0bama HAS perfected it.)

LegendHasIt on March 15, 2014 at 6:37 PM

If you build it…

They will come…

The EPA, that is…

Electrongod on March 15, 2014 at 6:38 PM

Can I build a log cabin? Un-permitted?

Probally not. Submit plans to the County for inspection.(for a fee)

Can I kill a rabbit for dinner? Not without a liscence.

In other words,, I need the gubmints permission to do the most basic things to survive.

wolly4321 on March 15, 2014 at 6:38 PM

Can I build a log cabin? Un-permitted?

Probally not. Submit plans to the County for inspection.(for a fee)

Can I kill a rabbit for dinner? Not without a liscence.

In other words,, I need the gubmints permission to do the most basic things to survive.

wolly4321 on March 15, 2014 at 6:38 PM

Now you aren’t even allowed to EXIST (unless you are muslim) as a United States citizen without purchasing GOVERNMENT APPROVED health insurance without being a criminal.

ConstantineXI on March 15, 2014 at 6:41 PM

The coming Revolution against the DC Regime can’t come soon enough. And as the British learned, hunting rifles used by people who know their home terrain can decapitate professional armies…

That was true then and is still true now.

ConstantineXI on March 15, 2014 at 6:45 PM

That was true then and is still true now.

ConstantineXI on March 15, 2014 at 6:45 PM

…drones and satellite’s?

KOOLAID2 on March 15, 2014 at 6:48 PM

…drones and satellite’s?

KOOLAID2 on March 15, 2014 at 6:48 PM

Do they have enough drones to take out 10 million people?

ConstantineXI on March 15, 2014 at 6:52 PM

drones and satellite’s? KOOLAID2 on March 15, 2014 at 6:48 PM

PRISM and the Utah super dooper data collector?

This Stasi ain’t like the old Stasi.

Sometimes I think about all the paperwork and data in general my 45 years of life have generated. Almost like it was done on purpose.

wolly4321 on March 15, 2014 at 6:53 PM

The Founders are spinning in their graves again.

CW on March 15, 2014 at 6:56 PM

PRISM and the Utah super dooper data collector?

This Stasi ain’t like the old Stasi.

Sometimes I think about all the paperwork and data in general my 45 years of life have generated. Almost like it was done on purpose.

wolly4321 on March 15, 2014 at 6:53 PM

They are more vulnerable than they look. Their data centers won’t run without electricity for example. And in most cases you can cut power to a government facility with an axe…

ConstantineXI on March 15, 2014 at 6:56 PM

Do they have enough drones to take out 10 million people? ConstantineXI on March 15, 2014 at 6:52 PM

Does that include LIV types and occupy retards?

That LIV army is pretty large. Tipping scale large.

wolly4321 on March 15, 2014 at 6:58 PM

Does that include LIV types and occupy retards?

That LIV army is pretty large. Tipping scale large.

wolly4321 on March 15, 2014 at 6:58 PM

The LIV Army is like the Urban Welfare Class. They will be a liability for the Regime because they will do nothing for themselves (See Katrina and New Orleans).

Indeed, the Regime will be UNABLE to do anything for them in any crisis.

ConstantineXI on March 15, 2014 at 7:01 PM

All ponds have a source of water. Even if it’s a spring inside the pond itself instead of an above ground creek flowing in, there will still be water flowing out of the pond most of the time, so they can try to call it a “dammed creek” and destroy people’s lives and steal their land.

forest on March 15, 2014 at 6:37 PM

Hold on Trigger. All ponds have a source of water. True. Not all ponds have a spring or a creek or an underground source filling them up.

A lot of ponds are filled by rain water.

What was this guy doing? Damming a creek or a spring to fill his “pond”, or did he dig a hole on his property to have it fill up with rain water?

There’s a big, BIG difference.

Ruckus_Tom on March 15, 2014 at 7:06 PM

they are more vulnerable than they look. Their data centers won’t run without electricity for example. And in most cases you can cut power to a government facility with an axe… ConstantineXI on March 15, 2014 at 6:56 PM

Dude, the thing is about 5 stories underground. I doubt it is plugged in with an extension cord.

It’s a bunkered facility. It’s even on wiki.

Then there is the matter of about a geegakillion rounds of hollowpoints DHS is hoarding.

Bit of a problem there.

wolly4321 on March 15, 2014 at 7:06 PM

Can I build a log cabin? Un-permitted?

You may in Clearwater County in the Idaho panhandle. No building permits, or at least there weren’t any when we lived there.

Tough country, Idaho.

Pless1foEngrish on March 15, 2014 at 7:09 PM

Okay, I admit it. I hijacked the thread and turned it into,, something else.

Sorry Erika. It’s just easy too do these days. You almost have to go there.

wolly4321 on March 15, 2014 at 7:11 PM

Dude, the thing is about 5 stories underground. I doubt it is plugged in with an extension cord.

It’s a bunkered facility. It’s even on wiki.

Then there is the matter of about a geegakillion rounds of hollowpoints DHS is hoarding.

Bit of a problem there.

wolly4321 on March 15, 2014 at 7:06 PM

So how are they going to power it? Their generators would have to have ventilation. Vents can be clogged or smoked. And at some point they’re going to have to bring in a fuel truck.

As for DHS, they are glorified ill trained city police with SWAT gear. They aren’t particularly brave, they are comfortable only with a 10-1 numerical disparity and with their victims unarmed.

How are they going to be able to handle AMERICANS fighting insurgent warfare against them? With a country the size of a continent? With more firearms in the hands of civilians than the government?

ConstantineXI on March 15, 2014 at 7:15 PM

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

tmitsss on March 15, 2014 at 7:20 PM

may in Clearwater County in the Idaho panhandle. No building permits, or at least there weren’t any when we lived there. Tough country, Idaho. Pless1foEngrish on March 15, 2014 at 7:09 PM

Some in AZ as well.

“unincorparted”

If you want completely off grid.

That means well off grid.

wolly4321 on March 15, 2014 at 7:21 PM

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance. tmitsss on March 15, 2014 at 7:20 PM

Great post. Many other grievances apply.

wolly4321 on March 15, 2014 at 7:24 PM

Once everything is illegal, there is great potential for government corruption in enforcement.

KW64 on March 15, 2014 at 7:32 PM

Clog the generators?

It’s powered by nuclear power plants.

And those wussy federal officials got quite arrogant over a few day shutdown. Put thier pensions. On the line and you can’t take a dump in Federal forests.

It’s a big machine they have created.

wolly4321 on March 15, 2014 at 7:33 PM

Screw these leftist busybodies …

Whitey Ford on March 15, 2014 at 7:39 PM

Obama does not obey the Law, why should we? Our government, our politicians lie to us constantly and can not be trusted, let’s not trust them. Ignore them, change your W2 to list 20 dependents, cut off their money supply. File for government programs you don’t qualify for, choke them with their own paperwork.

Wallythedog on March 15, 2014 at 7:42 PM

What was this guy doing? Damming a creek or a spring to fill his “pond”, or did he dig a hole on his property to have it fill up with rain water?

There’s a big, BIG difference.

Ruckus_Tom on March 15, 2014 at 7:06 PM

I doubt this creek was itself a navigable waterway and probably doesn’t even directly connect to a navigable waterway as most people would define it. So even if he did damn a small creek, it should be the State’s purview to decide if it was permissible. The article says the State requirements were met; if so, that should be it unless the EPA can show it truly was a navigable waterway.

Now, of course, this is probably why they want to change the regulation to make virtually any water a navigable water of the US so that they can take total control regardless of the State’s position. The real point of this article was not just this poor family’s pond, it was the changing of the definition by regulation rather than legislation. We should insist that such substantial changes to a law be done by the legislative process rather than the regulatory process which is too removed from the will of the people.

KW64 on March 15, 2014 at 7:54 PM

And if they drain that “wetland” the fine will be doubled to $150k

forest on March 15, 2014 at 5:49 PM

Aw shucks, c’mon people. It’s all in the timing. You’ve got at least 45 days between when your pond is illegal til they decide it’s wetlands.

(ps. It’s the vegetation around the periphery)

WryTrvllr on March 15, 2014 at 8:04 PM

Reminiscent of the corruption of the “Three Laws” by the central AI organism in the movie “I, Robot”, based on the writings of Isaac Asimov.

bobthm3 on March 15, 2014 at 6:04 PM

The only thing that inane movie had in common with Asimov’s stories was a few of the names.

Oldnuke on March 15, 2014 at 8:09 PM

The law does not matter in the Obama administration. Law as written and passed by the legislature is just a ‘political matter’, which the Republicans use to try to thwart the POTUS in his campaign to rule by decree. Since in most cases it seems no one has standing to challenge Obama in the courts, he can do as he pleases.

The EPA is simply following the example of the ‘Dear Leader’, interpreting the Clean Water Act to say whatever they want it to say.

I suspect some prominent Democrat has a grudge against Mr.Johnson, and filed a complaint that led to this. Ordinarily it would never have gone anywhere, but if said person contributed a big chunk of cash to Obama’s re-election fund and/or the DNC… well you can guess how this is going to end up.

Mr. Johnson will spend many thousands of dollars defending himself in court. He will probably win this case, but the government will file new cases, file liens against his property, have him and his family members arrested on trumped up charges, and continue to never give him a moments rest until he submits to the will of the EPA, or dies.

s1im on March 15, 2014 at 8:24 PM

If we take back the Senate in Nov. “after” we defund the IRS we should defund the EPA.

rodguy911 on March 15, 2014 at 8:27 PM

Is there any reputable place set up where we can donate to help this man defend his freedom and private property rights?

Annielou on March 15, 2014 at 8:42 PM

And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?… The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin’s thirst, the cursed machine would have ground to a halt! If…if…We didn’t love freedom enough. And even more – we had no awareness of the real situation…. We purely and simply deserved everything that happened afterward.

Murphy9 on March 15, 2014 at 8:51 PM

Sounds like something straight out of Breaking Point, C. J. Box’s latest Joe Pickett novel.

I wonder if the EPA agent pressing this ever dated Katie Johnson when she was in college. (If you’ve read the novel, you will understand the reference.)

No Truce With Kings on March 15, 2014 at 9:23 PM

Once everything is illegal, there is great potential for government corruption in enforcement.
KW64 on March 15, 2014 at 7:32 PM

The Prophetess Rand had this to say on topic:

“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against—then you’ll know that this is not the age for beautiful gestures.

We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it.

There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

Who wants a nation of law-abiding citizens?
What’s there it that for anyone?

But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted—and you create a nation of lawbreakers—and then you cash in.

Now that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”

Atlas Shrugged

LegendHasIt on March 15, 2014 at 9:37 PM

A constitution doesn’t mean jack unless we agree to abide by it and enforce it. If not it’s just another living breathing, soft and absorbent document like Charmin.

There are dozens of constitutional republics run by fascists tyrants solely to line the pockets of the elite. Check out any country in Africa and half of South America. Oh and while you’re at it the Obama’s transformed, transparent America.

old school on March 15, 2014 at 10:08 PM

You all do realize that “a person does not “own” property? No everyone “rents” their property from the Government”. You have to have the Governments permission to do just just about anything more than changing a light bulb via a Permit. Just try to add a room onto you home without a permit….. And then take into account all the arms and ammunition the Govt is purchasing, and all the military hardware they are acquiring. They are preparing for the coming war. Rumors are out there about prison camps being built in different parts of the US. Face it, they are anticipating something happening and preparing for it.

jtpcamp on March 15, 2014 at 11:07 PM

Once everything is illegal, there is great potential for government corruption in enforcement.

KW64 on March 15, 2014 at 7:32 PM

There are so many laws now that everyone’s a felon now.

Part of reform has to be a REDUCTION in the number of laws.

ConstantineXI on March 15, 2014 at 11:30 PM

So which is it?

Is he building a “private citizen’s pond” or is he “building a dam on a creek”?

Ruckus_Tom on March 15, 2014 at 6:17 PM

He had all the proper permits from the state. It’s the federales that are claiming he dammed a creek. Who would you give the benefit of the doubt to here in determining who is telling the truth?

gryphon202 on March 15, 2014 at 11:42 PM

So which is it?

Is he building a “private citizen’s pond” or is he “building a dam on a creek”?

Ruckus_Tom on March 15, 2014 at 6:17 PM

Once again, direct from the EPA:

“The draft guidance is clear that irrigation ditches, drainage ponds and even groundwater are not considered waters of the U.S. Nor are gullies, rills, swales and other erosional features. This has been explained over and over again.”

Even if it is a dam on a creek, it does not matter. It’s a reach.

itsspideyman on March 15, 2014 at 11:49 PM

This stuff makes me feel that the shooting war can’t get here fast enough.

I can’t think of a single alphabet agency that should not be abolished and outlawed forever.

Exninja on March 15, 2014 at 5:35 PM

1,000+++++

The Prophetess Rand had this to say on topic:

“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against—then you’ll know that this is not the age for beautiful gestures.

We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it.

There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

Who wants a nation of law-abiding citizens?
What’s there it that for anyone?

But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted—and you create a nation of lawbreakers—and then you cash in.

Now that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”

Atlas Shrugged

LegendHasIt on March 15, 2014 at 9:37 PM

Kind of uncanny how well she predicted our problems…at least it seems uncanny until you realize she saw I all before in the Soviet Union. We are there…started with FDR and Obama is finishing up.

JimBob on March 16, 2014 at 12:43 AM

And YOU THINK YOU OWN YOUR PROPERTY

Bwahahahahahahahahahahahahahahahahahahaha

roflmmfao

donabernathy on March 16, 2014 at 12:51 AM

A good position for the next President to take is to fire everyone at EPA, right down to the guy who waxes the floors at night, and to reverse every single regulation imposed since Obama took office.

Then pass sunset legislation so ALL regulations are reviewed every ten years at least, or just expire.

Then do the same for the IRS, Education, Energy, and Housing.

Adjoran on March 16, 2014 at 1:29 AM

Defund and disband the EPA. Move the superfund stuff over to the BLM.

sadatoni on March 16, 2014 at 4:27 AM

“libido dominandi” lives….

Don L on March 16, 2014 at 5:45 AM

Part of reform has to be a REDUCTION in the number of laws.

ConstantineXI on March 15, 2014 at 11:30 PM

Yeah, that’ll just cause the control freaks to pass more 2000 page laws like Obamacare and add to that a gazillion bureaucratic regs….

The simple 10 commandments worked because they’re simple….

Don L on March 16, 2014 at 6:02 AM

And if you build a dam on your own property to fill a pond…

The pond gets filled…

Then you have water coming in that has to go out…

In the old creek bed…

None of which are navigable waters.

Loverly.

ajacksonian on March 16, 2014 at 6:56 AM

This guy dammed up Sixmile Creek., Fox News needs tell the whole story.
http://badkitty.burningbird.net/fox-falls-all-over-itself-condemn-epaagain
Please read the EPA letter to Mr. Johnson. I hope that they fine the snotty attitude right out of him.
I am no fan of the EPA, but they got this one right. If I lived below his dam, I would have called the Army Corps of Engineers myself. The people that live below him, should pay him a visit

mediamime on March 16, 2014 at 7:25 AM

Mediamime, that blog you linked to is just a bit biased (lol at the attack on concierge medicine)… worth looking at the EPA letters for sure but you’ll have to forgive most considering the EPA has loved going after people for petty reasons.

oryguncon on March 16, 2014 at 9:41 AM

Yeah read her twitter. She is lauding Martin Bashir for heavens sakes.

Murphy9 on March 16, 2014 at 10:13 AM

The EPA does not have jurisdiction over creeks (even ones with names like 6Mile) but only over NAVIGABLE waters. Creeks are not navigable under any definition. Navigable Waters. Waters that provide a channel for commerce and transportation of people and goods.

And the act of damming a creek does not mean he is impounding all the waters of said creek and leaving a dry creek bed below; unless he is irrigating with the water, as the creek flows into the now-created pond, it must also exit at some point (unless evaporation or irrigation is removing large quantities). He is merely slowing it down while it crosses his property.

The State of Wyoming has jurisdiction over waters within its borders, surely. If they have determined that this pond does not conflict with water rights already established,or create an adverse use, then the matter should be closed.

The issue here is that the EPA feels free to insert itself in multitudinous state and local land- and water-use issues in order to grow its own bloated Federal power, not that there is any legal basis on which they are permitted to interfere.

Pless1foEngrish on March 16, 2014 at 10:49 AM

If we can only last a couple more years….. then we gut that rogue agency as well as the IRS. Where the H are Enzi, Barasso, and Lummis? WY is a RED STATE!

ultracon on March 16, 2014 at 11:23 AM

I have the perfect defense!

You didn’t build that yourself.

Tyrone Slothrop on March 16, 2014 at 1:38 PM

Murphy9 on March 15, 2014 at 8:51 PM

heh … Just started reading Gulag today.

Lost in Jersey on March 16, 2014 at 2:48 PM

GOOD GRIEF, Hotair! I click on a story on your site, and I’m bombarded by not one, not two, but THREE video ads blaring their pitches at me and slowing up my computer. This is utterly ridiculous! You’re my favorite news and commentary site on the Interwebz, but keep this up and you won’t be for much longer.

Have a little respect and consideration for your readers, please?

quikstrike98 on March 16, 2014 at 10:33 PM

We should insist that such substantial ALL changes to a law be done by the legislative process rather than the regulatory process which is too removed from the will of the people.

KW64 on March 15, 2014 at 7:54 PM

FIFY

GWB on March 17, 2014 at 9:23 AM

A lot of ponds are filled by rain water.

What was this guy doing? Damming a creek or a spring to fill his “pond”, or did he dig a hole on his property to have it fill up with rain water?

There’s a big, BIG difference.

Ruckus_Tom on March 15, 2014 at 7:06 PM

Assuming this is the same story I read about months ago, he built the pond along the course of a seasonal wash. During most of the year it is a dry creekbed. During the spring thaw it is a large babbling brook. The EPA is accusing him of placing a dam on the creek by locating his stock pond along a flat section of the wash that used to flood every spring. Essentially, he turned an occasionally muddy field into a pond. It should be noted that he included an outlet with more than enough capacity to allow the pond to overflow back into the lower section of the wash during the spring runoff period and during heavy rains. As such, it was approved by the local engineers.

wearyman on March 17, 2014 at 9:24 AM